Legal Question in Criminal Law in India

Nia

Cheque of a govt. undertaking (whose 100% share holding of the Govt.) was bounced. petitioner filed case under NIA and also taken decree from the court. My quesition is that

1. Where the part amount paid by the accused against decree amount can be adjusted against the amount of cheque dishonoured

2.When we have filed a scheme of arrangement, settlement and compromise u/s 391 and 393 of the companies act the Tribunal can stay the commencement of any suit or proceeeding against the company as well as others under section 391(6).

3. whether Complainaint make accused to those signatories who have not made accused at the time of filing criminal complaint.


Asked on 9/02/07, 1:17 pm

4 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Nia

can you please contact along with the details

thanx

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Answered on 9/03/07, 3:28 am

Re: Nia

1.Yes,if complainant agree to compromise the matter.Otherwise, in trial you can prove this fact and disprove the claim of complainant to the cheque ammount.

2.It does not effect the complait u/s.138 N.I.Act and the proceedings.

3.May and may not, as it depend upon facts of the case and it differ from case to case.

In case of need you may contact with details.professional charges are applicable.

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Answered on 9/02/07, 1:31 pm
G. M. Gupta gmguptaandassociates

Re: Nia

i have always told that we can not advice much technical questions here as for correct advice we need to inspect papers of the case. without going through them it can be wrong advice. ask here very basic and normal legal problems for solution otherwise contact in person with documents

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Answered on 9/02/07, 2:25 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Nia

1. You need to appropriate payment either in accordance with your contract or decree. 2. Tribunal may not have powers to stay criminal proceedings 3. You may consider invoking provisions of section 319 Cr.P.C.

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Answered on 9/04/07, 1:51 am


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